I-Med Northern Territory Pty Ltd
[2024] FWCA 3671
•22 OCTOBER 2024
| [2024] FWCA 3671 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
I-Med Northern Territory Pty Ltd
(AG2024/3562)
I-MED NORTHERN TERRITORY ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 22 OCTOBER 2024 |
Application for approval of the I-MED Northern Territory Enterprise Agreement 2024
Introduction
I-Med Northern Territory Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the I-MED Northern Territory Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 June 2024 and the Agreement was made on 27 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Regulation 2.06 Requirements
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
National Employment Standards (NES) Precedence Term
Clause 27.8 of the Agreement provides that the employer and employees may by agreement substitute another day of work for a public holiday, or that the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday. This appears inconsistent with s.115(3) of the Act which provides that an employer and individual employee may agree on the substitution of a day or part-day of a public holiday.
I note that in accordance with the NES precedence term in Clause 5 of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The Australian Nursing and Midwifery Federation (ANMF) and the United Workers’ Union (UWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the ANMF and the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526464 PR780484>
ANNEXURE A
0
0
0